Within the City Centre, in the existing tenemental housing areas especially, there are pressures to introduce private rented tenures. This is evident, for example, in the Sauchiehall Street area where these have taken the form of Multiple Occupancies. Multiple occupancy can play a useful role in parts of the City Centre, in retaining upper floors in active use, provided such uses are regulated and managed to a high standard.

However, within the primary residential areas (see policy CC/RES 1: Residential Development and Amenity), multiple occupancies could have a detrimental effect on the established communities. Within these areas, including Garnethill, proposals for multiple occupancies will be considered against policy RES 13: Multiple Occupancy. This restricts such use in tenement properties to main door flats with direct access to the street. Elsewhere in the City Centre, proposals for multiple occupancy will be considered against this policy, which permits, in certain circumstances, the introduction of such use into tenement closes in general, including on upper floors.

The aim of this policy will be to strike a balance between the demand for this type of accommodation, protecting the residential amenity of the traditional residential areas and reinstating upper floors of appropriate vacant buildings and encouraging their re-use.

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupancy) Order 2000 defines multiple occupancy as the "only or principle residence of more than two persons who are not all members either of the same family or of one or other of two families." In effect, this is consistent with the Council’s current guideline for flats in the City, with the exception of the former West End Local Plan Area where the figure was increased to more than three persons following the West End Local Plan Inquiry in 1987. The Reporter presiding over that Inquiry concluded that a working definition based on family and number of unrelated residents represented the balance of advantage.

This definition of multiple occupancy has subsequently been supported on appeal both in terms of refusal of planning permissions and enforcement. For enforcement purposes especially, definitions based on the specific living arrangements of tenants in individual multiple occupancies would be likely to be unacceptably onerous and intrusive in terms of investigating complaints.

All multiple occupancies must have either planning permission or a Certificate of Lawful Use. Applicants will also have to register under the Council’s ‘Registration of Houses in Multiple Occupancy’ Scheme and comply with the fire, environmental health and licensing requirements.

HOUSES, OTHER THAN FLATS

Permission is required for a house:

FLATS 

Permission is required for a flat:

Planning permission is deemed not to be required where only one lodger is accommodated in addition to one resident family.

1. Primary Residential Areas

To safeguard the residential amenity of the primary residential areas of Anderston (high rise blocks), Cowcaddens (West), Townhead (South), Ladywell/High Street, Glasgow Cross and Garnethill, multiple occupancy will be considered against policy RES 13: Multiple Occupancy.

2. Elsewhere in the City Centre

Elsewhere in the City Centre, multiple occupancy may be acceptable in upper floors regardless of the existing number of such uses but it is on the proviso that they will not prejudice residential amenity.

Applications will be judged against the following criteria:

(i) all upper floor residential accommodation would be multiple occupancies (i.e. there would be no single family occupancies in the close). If family occupancies are located within the close, multiple occupancies would not be acceptable;

 

(ii) there must be direct access to appropriate refuse collection and a drying area to the rear of the building. Bin stores should be provided in accordance with policy RES 16: Bin Stores; and

 

(iii) a Section 75 Agreement should be concluded between the applicant and the Council requiring a management and maintenance regime covering close, passageways, stairs, backcourt drying area and bin stores.

CERTIFICATES OF LAWFUL USE

When an application is submitted for a Certificate of Existing Lawful Use as a multiple occupancy, the applicant is required to demonstrate that the use has been in operation continuously for 10 years preceding the date of the application.

Examples of evidence which can be submitted are as follows:

The list of criteria is not exhaustive and it is possible for satisfactory evidence to come from other sources. The onus to produce such evidence lies with the applicant.